§ 5-314. Emergency adoption

   (a) Authority. -- Except as provided in subsection (c) of this section, and notwithstanding any other provision of this subtitle but subject to the limitations on emergency adoption in Title 10, Subtitle 1 of the State Government Article, the Commissioner may adopt immediately an emergency occupational safety and health standard that the Commissioner determines is needed to protect employees from the grave danger of:

   (1) a new hazard; or

   (2) exposure to an agent or circumstance determined to be toxic or physically harmful.

(b) Duration. -- An emergency occupational safety and health standard adopted under this section remains in effect until the earlier of:

   (1) expiration of a period that the Joint Committee on Administrative, Executive, and Legislative Review sets;

   (2) expiration of a period, not exceeding 6 months, that the Commissioner sets; or

   (3) replacement of the emergency occupational safety and health standard by another regulation.

(c) Tobacco smoking. -- Repealed.

HISTORY: An. Code 1957, art. 89, § 31; 1991, ch. 8, § 2; 1995, ch. 5; 1997, ch. 14, § 1; 2007, ch. 501, § 1; ch. 502, § 1.